Preye Roberts, right, at his March 2010 arraignment in Essex County's Veterans Courthouse in Newark.

A Nutley man facing attempted murder and weapons charges stemming from the 2010 shooting of an off-duty police officer is being accused of faking psychiatric symptoms.

Neuropsychologist Dr. Joel Morgan accused Preye L. Roberts, 28, of falsifying symptoms during a hearing in Essex County Superior Court in Newark on Friday, according to attorneys involved in the case.

Roberts was indicted on Sept. 27, 2010 for first degree attempted murder and various weapons charges, following the Jan. 30, 2010 shooting of Fairfield police officer and former Belleville resident Gerald Veneziano.

Veneziano was shot multiple times in a parking lot near Fairfield police headquarters. Veneziano, dressed in plain clothes, was on his way to work at the police station, driving his personal vehicle, when he exited his vehicle and identified himself as a police office to a motorist who had been following him. The motorist is believed to be Roberts.

Veneziano returned fire during the encounter, before collapsing. He was taken to University Hospital in Newark with a shattered jaw, two collapsed lungs, a broken femur, a severed femoral artery, and miscellaneous gunshot wounds to his chest and left arm. The officer was released two months later and began physical therapy and rehabilitation.

Roberts was arrested by Union Township Police on Feb. 13, 2010, on Route 22 for allegedly firing a weapon and was also found to be in possession of 9mm ammunition, according to the Essex County Prosecutor's Office. Veneziano was able to identify Roberts from the shooting incident. Authorities also learned that Roberts had rented a black Dodge Caliber vehicle with a "W" in the license plate, a detail Veneziano had reported earlier in the investigation. Roberts was found to have been in possession of the Dodge during the incident.

Roberts was admitted to the Ann Klein Forensic Center, a psychiatric hospital in Trenton, in October 2010. At the time, prosecutors tried to determine if Roberts was mentally competent to stand trial.

Veneziano's attorney, Patrick Toscano of the Toscano law firm in Caldwell, said that he agreed with Dr. Morgan about Roberts "faking symptoms."

"We don't believe there's anything wrong with [Roberts.]," Toscano told the Sun on Monday. "I hate to phrase it this way, [but] he's a psychopath who tried to kill Veneziano."

"...But clearly from what we see, he's more [than] capable of standing trial either criminally or civilly," Toscano said.

Health History

Diane Carl, co-counsel for defense attorney Joseph Krakora, told the Sun on Tuesday that Roberts has a "severe history of mental illness" dating back to before the allegations took place.

"In this case, allegations happened in February 2010, at least five times since then, he's been evaluated and deemed not competent to stand trial," Carl said.

Carl said that in January 2013, Dr. Elizabeth Ann Hogan from the Ann Klein Forensic Center understood that Roberts was not competent to stand trial and noted that some symptoms may be "feigned." Dr. Morgan evaluated Roberts on July, 29 2013 and in a report issued on Aug. 7, 2013, it was indicated that to an "extent, there was some exaggeration of symptoms." However, according to Carl, Morgan was still under the opinion that he was not competent.

Dr. Hogan had testified during a recent June 20 hearing in Newark.

"There's no indication that since 2010, [Roberts] has ever had any ability to discuss his charges or there's no indication that he knows what [the] charges are about, that's part of the issue," Carl said.

Lawsuit

On Jan. 13, 2012, Veneziano filed a $25 million lawsuit in Superior Court in Newark against Roberts, as well as the individual who supplied the weapon used in the shooting, and the dealer who sold the weapon.

"We were trying to find out the gun manufacturer," Toscano said. "We were trying to follow the timeline of weapon use and it doesn't look [like] anybody was negligent in the sale or the dispensing of the firearm."

Toscano said that Roberts never responded to the complaint.

According to Kathy Carter, spokeswoman for the Essex County Prosecutor's Office, Roberts' next court appearance is scheduled for Thursday, Nov. 13 before Judge Ronald Wigler.